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Thread: Theft reduced from felony to misdemeanor

      
  1. #1

    Theft reduced from felony to misdemeanor

    Client came to US as a child as a Vietnam evacuee in 1970's. Marries citizen. Has child who is still an infant. Ready to apply for Adjustment. Reveals that 10 years ago (at age 21) he was involved with friends who stole car radios. In 1992 pleaded guilty to Class 6 felony (in AZ) under provisions of law permitting judge to render final judgment and impose sentence after two years of probation. After two years, judgment rendered for class 1 misdemeanor which carries max sentence of 6 months. Serves 90 days or less. No subsequent convictions. What are the consequences? For CIMT purposes, will USCIS treat it as a class 6 felony or class 1 misdemeanor? For Aggrevated Felony purposes, how is an such a conviction treated?

  2. #2
    Quote Originally Posted by Lafayette View Post
    Client came to US as a child as a Vietnam evacuee in 1970's. Marries citizen. Has child who is still an infant. Ready to apply for Adjustment. Reveals that 10 years ago (at age 21) he was involved with friends who stole car radios. In 1992 pleaded guilty to Class 6 felony (in AZ) under provisions of law permitting judge to render final judgment and impose sentence after two years of probation. After two years, judgment rendered for class 1 misdemeanor which carries max sentence of 6 months. Serves 90 days or less. No subsequent convictions. What are the consequences? For CIMT purposes, will USCIS treat it as a class 6 felony or class 1 misdemeanor? For Aggrevated Felony purposes, how is an such a conviction treated?
    Most likely not as 10 years has passed since incident.

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